The Royal British Legion has been banned from selling poppies in a city centre
in the run-up to Remembrance Sunday because of council red tape.

The charity are forbidden from collecting in parts of Birmingham city centre in the run-up to November 13 because a charity for the homeless were granted a licence to do so first.

Birmingham City Council has changed its application system to allow only one charity to collect in the street at once, meaning the day before Remembrance Sunday there shall be no poppy sellers in the second city.

The decision has angered many across the city, who have described the decision as an insult to Britain's war heroes.

Homeless charity Shelter had submitted an earlier application which meant the legion would have to forgo collections in New Street and High Street on 11 November.

And the legion is not permitted to collect anywhere in the city on 12 November.

Former poppy seller Bert Landry, 84, said: "Its an insult to our war heroes. Without them those fat-cat councillors would not be sitting in their council chambers on their extortionate salaries.

"Brave boys and girls have fought for freedom in this country, but instead we insist on collecting for the the rest of the world, which are good causes, but charity must begin at home.

"I hope common sense prevails in this ludicrous ban."

A spokesperson for the Birmingham Royal British Legion said: "We are disappointed to be not to be able to collect in parts of the city on some of the days because it is 11/11/11 this year."

The Poppy Appeal is officially started in London one week prior to Remembrance Sunday, which falls this year on 13 November, giving fundraisers one week to make street collections, although tins can be left in stores earlier.

Oxfam said it has waived its right to collect in Birmingham city centre on 5 November to allow the legion to collect on that day instead.

However city council licensing restrictions remain in place for Armistice Day on 11 November and Remembrance Sunday on 12 November.

Unfortunately they are unable to overturn that decision as it would be unlawful."

Carol Jones, whose 37-year-old soldier son John was killed in Iraq, said she could not "believe" the situation.

Sgt Jones from Castle Bromwich, who served with the 1st Battalion, The Royal Regiment of Fusiliers, died as a result of injuries he received from a roadside bomb during a routine patrol in Basra in November 2005.

His mother said: "The Royal British Legion have always respected the fallen, they're always there for the veterans.

"As far as I'm concerned they should have priority. Whoever suggests dates and when they should apply should really start thinking about the fallen instead of petty ideas."

"It's about respect for the fallen right back to World War I, not just the recent wars."

She added: "My son's name is in the Hall of Memory. Does this mean anything? We've got to have a collection for Remembrance Day whether they like it or not."

Carol Jones asked councillors if it meant anything to them that her son's name was in the Hall of Memory

Opposition Labour leader Sir Albert Bore said: "I am calling on the officers, the Tory and Lib Dem leaders and everyone else involved to join with me in making sure this problem is sorted, that common sense prevails and that the British Legion get a satisfactory outcome."

Birmingham City Council, which is run by a Liberal Democrat and Conservative coalition, said the rules had not changed but it was now following a first-come-first-served policy.

A spokesperson for Birmingham City Council said: "Between 29th October and 13th November, The Royal British Legion has permission to make charitable collections across the whole, or the major part of Birmingham every day. This includes the city centre on Armistice Day and Remembrance Sunday."

It said the legion had not submitted a formal complaint or appeal.

Chairman of the licensing committee Bruce Lines, who raised the issue at a council meeting on Tuesday, said: "Unfortunately they are unable to overturn that decision as it would be unlawful."

He said the legion had to take responsibility for not making an earlier application. The legion said there had been no formal deadline.

"They have got 10 consecutive days to work in the city centre, and it's only on a few days when they are excluded from a couple of streets," Mr Lines added.

He said in light of public reaction, the charity licensing policy would be reviewed in the future.